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Tuesday, 16 Jan 2018

Written Answers Nos. 848-869

Mental Health Commission

Questions (851)

Pat Buckley

Question:

851. Deputy Pat Buckley asked the Minister for Health if a report has been commissioned by him or submitted to his Department by an external body on or relating to the Mental Health Commission; if these reports found issue with the Mental Health Commission; if the reports are of the view it is not fit for purpose; and if he will make a statement on the matter. [55039/17]

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Written answers

No report has been commissioned by my department or myself on or relating to the Mental Health Commission. Likewise, neither my department nor myself have received a report on or relating to the Mental Health Commission from an external body finding issue with the Commission or expressing the view that it is not fit for purpose.

The Mental Health Commission itself contracted Mazars Ireland consultancy services to conduct an organisation structure review of the Commission. The final report was submitted to my department in late December 2016. The report noted that resource gaps have emerged across the organisation but these are being addressed by my department in conjunction with the Commission to ensure that it continues to deliver on its current and future mandate.

Mental Health Commission

Questions (852)

Pat Buckley

Question:

852. Deputy Pat Buckley asked the Minister for Health when the appointment of the board and CEO of the Mental Health Commission began. [55040/17]

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Written answers

Seven members were appointed to the Board of the Mental Health Commission on 5 April 2017. Two were appointed on 26 September 2017, with the final appointment on 31 October 2017.

Mr John Saunders was appointed Chair Designate of the Mental Health Commission on 5 April 2017. His re-appointment as Chair was confirmed by Cabinet on 14 November 2017.

The term of all Board members is to 4 April 2022 and details of each member can be found on the Commission website – www.mhcirl.ie.

Ms Patricia Gilheaney was appointed CEO of the Mental Health Commission on 29 October 2011.

Mental Health Commission

Questions (853)

Pat Buckley

Question:

853. Deputy Pat Buckley asked the Minister for Health the timeframe for the enacting, signing, commencement and implementation of primary and secondary legislation related to the Mental Health Commission; and when outstanding work in this regard will be completed. [55041/17]

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Written answers

The Mental Health Commission is a statutory body whose functions are set out in the Mental Health Act 2001.

Amendments to the Mental Health Act 2001 based on the recommendations of an Expert Group Review of the Act in 2015 are currently being progressed. The review contained 165 recommendations, most relating to proposed changes to our mental health legislation. The Deputy can find the full text of the Review on my Department’s website at the following link: http://health.gov.ie/wp-content/uploads/2015/03/Dept-Health-Report-Expert-Group-for-website.pdf. The report contains recommendations relating to revised criteria for detention, revised definitions of mental illness and treatment, a greater role for Authorised Officers where involuntary admissions are being considered, improved safeguards for involuntary admission to approved centres, improved safeguards for change of status from voluntary to involuntary patient and shorter times for Tribunal hearings. These changes and others, when included in revised mental health legislation, will further improve the protections available to involuntary patients in this country.

Government has approved plans to proceed with the general scheme of a bill and officials are working on the heads of the amending bill which will legislate for the recommendations of the Review. My Department and I accept the importance of advancing this work as quickly as possible. It is a comprehensive legislative undertaking which must also now take account of the provisions of the Assisted Decision-Making (Capacity) Act 2015 which was enacted after completion of the Expert Group Report. I expect the text of the General Scheme of a Bill to be significantly progressed by mid-year with consultation then to take place in Quarters 3 and 4 with the Mental Health Commission on refining the draft text. Once the General Scheme is completed, it will be forwarded to Government for approval before publication.

Mental Health Commission

Questions (854)

Pat Buckley

Question:

854. Deputy Pat Buckley asked the Minister for Health the respective annual budgets for the Mental Health Commission since its establishment; the details of costs incurred, in tabular form; the date on which funding was allocated; and if funding was returned. [55042/17]

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Written answers

Please find, in tabular form, the Mental Health Commission annual allocation and the funds drawn down each year and not drawn down, since its establishment in 2002.

Year

Allocation - €m

Actual Drawdown - €m

Under-drawn - €m

2002

0.120

0.120

0.000

2003

2.000

2.000

0.000

2004

3.975

3.975

0.000

2005

15.464

5.980

9.484

2006

12.000

6.250

5.750

2007

20.500

17.380

3.120

2008

16.600

16.600

0.000

2009

19.012

17.950

1.062

2010

18.190

11.625

6.565

2011

15.000

13.200

1.800

2012

14.700

13.165

1.535

2013

14.406

12.430

1.976

2014

13.974

12.205

1.769

2015

13.974

12.750

1.224

2016

13.974

13.250

0.724

2017

14.274

13.000

1.274

A more detailed breakdown of the Commission’s Annual Financial Statements, including costs incurred for each year, can be found on their website – www.mhcirl.ie.

The date of issue of letter of determination to the Commission each year has varied due to the finalisation of the Annual Finance Budget, the HSE National Service Plan and the work of the Department of Health in general.

Mental Health Commission

Questions (855)

Pat Buckley

Question:

855. Deputy Pat Buckley asked the Minister for Health the recruitment process for staff for the Mental Health Commission; and the steps in the process such as approval, advertising, interviewing, offers and commencement of employment. [55043/17]

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Written answers

I have been advised by the Mental Health Commission (MHC) that the following is a summary of the recruitment process:

Approval Stage

- Where a vacant and/or replacement post is identified the process in terms of approval and recruitment for vacancies and/or replacements is the same;

- The MHC prepares and submits a Business Case to the Mental Health Unit in the Department of Health. A standard template is used;

- The Department of Health Mental Health Unit reviews the request and may revert to the Mental Health Commission (MHC) for clarification/further information;

- Following review the Mental Health Unit forwards the MHC Business Case with a recommendation to the National Human Resources Unit in the Department for decision;

- If the Business Case is for a Principal Grade or above, the National Human Resources Unit liaises with Department of Public Expenditure and Reform;

- If the Business Case is for a grade up to and including Assistant Principal, the National Human Resources Unit can make a decision based on the merits of the case;

- The MHC receives the decision in relation to sanction including any conditions that must be met (for example, commencement at the first point of the relevant pay scale).

Recruitment Stage

- On receipt of sanction the MHC proceeds to commence the recruitment campaign which involves the following steps;

- The recruitment agency (appointed through public procurement processes) is formally requested to assist in the recruitment of the relevant post(s);

- Detailed candidate information booklet(s) are compiled by the recruitment agency with assistance from the MHC;

- Advertisements for the National Press are prepared and appropriate arrangements made for publication;

- The standard application process follows which may vary depending on the post being advertised and the urgency of the requirement

- Submission of an application within 2-3 weeks of the advertisement.

- Shortlisting and/or

- Preliminary interview and/or

- Competitive interview.

- Interview board make a recommendation to the Chief Executive.

- Issuing of a preliminary letter to successful applicants regarding appointment subject to satisfactory completion of the verifications process to include reference checks, qualifications identified as essential criteria, Garda vetting and overseas police vetting if the applicant has lived abroad for a period greater than six months (for certain posts); health check.

- Prior to issuing a contract of employment the draft contract must be prepared and submitted to the Department of Health National Human Resources Unit and copied to the Mental Health Unit. The terms and conditions including pension arrangements may vary depending on whether the successful applicant is an established officer or a new entrant.

- The Department of Health National Human Resources Unit notifies the MHC of its decision in relation to the draft contract.

- A letter of appointment with contract is issued to the successful applicant.

- Commencement date varies as it takes into consideration the notice period that the successful candidate may have to serve with a current employer.

- Contract of employment is signed by the appointee and the MHC and a copy is submitted to the Department of Health National Human Resources Unit and copied to the Mental Health Unit.

- The appointee receives an induction programme on commencement in their role with the Commission. Depending on the role concerned specific training may be required.

Mental Health Commission

Questions (856)

Pat Buckley

Question:

856. Deputy Pat Buckley asked the Minister for Health the nature of the services provided by the Mental Health Commission; the dates these services began; and his future plans for greater service provision. [55044/17]

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Written answers

The Mental Health Commission is an independent body which was set up in 2002. Its functions are set out in the Mental Health Act 2001. The main functions are to promote, encourage and foster high standards and good practices in the delivery of mental health services and to protect the interests of patients who are involuntarily admitted to a mental health approved centre.

Responsibilities as set out in legislation include:

- Appointing persons to mental health tribunals to review the detention of involuntary patients and appointing a legal representative for each patient;

- Establishing and maintaining a Register of Approved Centres, i.e. a register of inpatient facilities providing care and treatment for people with a mental illness and mental disorder;

- Setting up Mental Health Tribunals for patients, who are involuntarily admitted to an approved centre. The Tribunal consists of independent people who review a patient’s admission to decide if the law was followed;

- Making Rules regulating the use of specific treatments and interventions such as ECT (Electroconvulsive Therapy), seclusion and mechanical restraint;

- Developing Codes of Practice to guide those working in the mental health services and enable them to provide high quality care and treatment to service users; and

- Appointing the Inspector of Mental Health Services who annually inspects mental health services.

Amendments to the Mental Health Act 2001 based on the recommendations of an Expert Group Review of the Act in 2015 are currently being progressed. The review contained 165 recommendations, most relating to proposed changes to our mental health legislation. The report contains recommendations relating to revised criteria for detention, revised definitions of mental illness and treatment, a greater role for Authorised Officers where involuntary admissions are being considered, improved safeguards for involuntary admission to approved centres, improved safeguards for change of status from voluntary to involuntary patient and shorter times for Tribunal hearings. These changes and others, when included in revised mental health legislation, will further improve the protections available to involuntary patients in this country.

The Assisted Decision Making (Capacity) Act 2015 provides for the establishment of the Decision Support Service within the Mental Health Commission to support decision-making by and for adults with capacity difficulties and to regulate individuals who are providing support to people with capacity difficulties.

The Act extends the statutory remit of the Mental Health Commission to include wide-ranging regulatory and information functions for the Director of the Decision Support Service.

Further information on the Mental Health Commission, its role and the nature of services provided can be found on their website – www.mhcirl.ie.

Health Services Staff Remuneration

Questions (857)

Peadar Tóibín

Question:

857. Deputy Peadar Tóibín asked the Minister for Health the steps he will take to address the problem of health care assistants receiving lower pay than HSE staff for the same work in view of the fact that much of their funding comes from the HSE; his views on health care assistants receiving minimum wage while much of the revenue of profit-making private homes comes directly from the State; and if this is a policy of his Department. [55045/17]

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Written answers

Under Section 39 of the Health Act 2004, the HSE has in place Service Level Agreements with voluntary providers which set out the level of service to be provided for the grant to the individual organisation. Any individuals employed by these Section 39 organisations are not HSE employees and therefore, the HSE has no role in determining the salaries or other terms and conditions applying to these staff. Accordingly such arrangements offered by individual providers will vary. It is a matter for Section 39 organisations to negotiate salaries with their staff as part of their employment relationship and within the overall funding available for the delivery of agreed services.

Health Services Provision

Questions (858)

Charlie McConalogue

Question:

858. Deputy Charlie McConalogue asked the Minister for Health further to Parliamentary Question No. 239 of 31 May 2017, the status of the provision of a service at a hospital (details supplied); and if he will make a statement on the matter. [55051/17]

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Written answers

In response to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.

Hospital Appointments Status

Questions (859)

James Lawless

Question:

859. Deputy James Lawless asked the Minister for Health when an appointment for cataract surgery will be scheduled for a person (details supplied); and if he will make a statement on the matter. [55059/17]

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Written answers

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.

In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.

Healthcare Professionals

Questions (860)

Pearse Doherty

Question:

860. Deputy Pearse Doherty asked the Minister for Health the role, responsibilities and duties of the outreach paediatric palliative care nurse based at Letterkenny University Hospital and servicing County Donegal; and if he will make a statement on the matter. [55065/17]

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Written answers

As this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

Services for People with Disabilities

Questions (861)

Pearse Doherty

Question:

861. Deputy Pearse Doherty asked the Minister for Health the number of families of service users who were contacted to take part in the ongoing review into services for children with complex needs and their families in CHO1, specifically County Donegal; the reason not all the families of service users were asked to take part; the reason the families of service users and other relevant stakeholders have not been kept adequately updated on the progress of the review to date; and if he will make a statement on the matter. [55066/17]

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Written answers

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Services for People with Disabilities

Questions (862)

Pearse Doherty

Question:

862. Deputy Pearse Doherty asked the Minister for Health the membership of the steering group in respect of the national quality assurance initiative established as part of the review into services for children with complex needs in CHO1; the reason the steering group is not open to external groups and stakeholders; and if he will make a statement on the matter. [55067/17]

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Written answers

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Respite Care Services Data

Questions (863)

Pearse Doherty

Question:

863. Deputy Pearse Doherty asked the Minister for Health the number of children in County Donegal who require respite services; and if he will make a statement on the matter. [55068/17]

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Written answers

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

The Programme for Partnership Government states that the Government wishes to provide more accessible respite care to facilitate full support for people with a disability.

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Question No. 864 answered with Question No. 736.

National Treatment Purchase Fund Eligibility

Questions (865)

John Brassil

Question:

865. Deputy John Brassil asked the Minister for Health if cataract operations are available under the National Treatment Purchase Fund; if so, the hospitals in which it is available; the qualifying criteria for persons; and if he will make a statement on the matter. [55080/17]

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Written answers

Reducing waiting times for patients is one of the Government's key priorities. October's Budget announced a total 2018 allocation of €55m for the National Treatment Purchase Fund for 2018. This significant increase in funding more than doubles their 2017 total allocation of €20m.

Cataracts are among the most common procedures carried out in the Ophthalmology specialty and were a key focus of the NTPF initiatives in 2017 with significant progress achieved. Between July and December the overall cataract waiting list was reduced by 2,000 and the number waiting over 15 months was reduced from almost 1,600 to just over 300. NTPF figures for the end of December showed more than half of cataract patients are waiting less than 6 months and 72% are waiting less than 9 months. In 2018 the NTPF will continue to arrange the provision of treatment for Inpatient/Daycase patients across a range of specialties and procedures including the provision of cataract operations and I expect to see further progress due to the increased Government funding being made available.

The NTPF work with public and private hospitals in order to provide access for patients to treatment and the hospitals and initiatives are evaluated in line with standard procurement practice. This criteria consists of a combination of price per treatment and the experience of the hospital in providing similar treatments to its patients.

The HSE and NTPF are working together to develop Waiting List Action Plans for 2018. These plans will see a continued focus on long-waiting patients and overall waiting lists.

Cross-Border Health Services Provision

Questions (866)

John Brassil

Question:

866. Deputy John Brassil asked the Minister for Health if cataract operations are available for Irish persons in Belfast under the cross-Border directive; his views on whether it would be more appropriate and cost-effective to have these treatments carried out here under the National Treatment Purchase Fund; and if he will make a statement on the matter. [55081/17]

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Written answers

The Directive on Patients' Rights in Cross Border Healthcare provides rules for the reimbursement to patients' of the cost of receiving treatment abroad, where the patient would be entitled to such treatment in their home Member State and supplements the rights that patients already have at EU level through the legislation on the coordination of social security schemes (Regulation 883/04).

The Health Service Executive (HSE) operates the EU Directive on Patients’ Rights in Cross Border Healthcare in Ireland. In line with practice in other EU Member States, the HSE, through the National Contact Point (NCP) office, provides information for patients on the Cross-Border Directive on its website - http://www.hse.ie/eng/services/list/1/schemes/cbd/ - and also by phone. The principal function of the NCP is to facilitate exchange of information for patients concerning their rights and entitlements relating to receiving healthcare in another Member State, in particular the terms and conditions for reimbursement of cost and the procedures for accessing and determining those entitlements.

The HSE have confirmed that a person may avail of cataract surgery under the Cross Border Directive.

Reducing waiting times for patients is one of this Government's key priorities. October's Budget announced a total 2018 allocation of €55m for the National Treatment Purchase Fund (NTPF) for 2018. This more than doubled its 2017 total allocation which was €20m. This year, there will be continued focus on long-waiting patients and overall waiting list numbers. This funding will enable the provision of treatment patients on the Inpatient/Daycase Waiting List across a range of specialties and procedures. The NTPF will work with both public and private hospitals in order to provide access for patients to treatment. Further, additional funding of €10m in 2018 will be dedicated to addressing other waiting lists, including children in need of paediatric orthopaedic and scoliosis procedures. Planning for 2018 is ongoing by the HSE and the NTPF.

The NTPF made significant progress on cataracts in 2017. Between July and December the overall cataract waiting list was reduced by 2,000 and the number waiting over 15 months was reduced from almost 1,600 to just over 300. NTPF figures for the end of December showed more than half of cataract patients are waiting less than 6 months and 72% are waiting less than 9 months. I expect further progress to be achieved in this speciality in 2018 given the significant increase in the NTPF budget.

Medical Aids and Appliances Provision

Questions (867)

James Lawless

Question:

867. Deputy James Lawless asked the Minister for Health if the delay in providing medical footwear for a person (details supplied) will be investigated; and if he will make a statement on the matter. [55085/17]

View answer

Written answers

As this is a service matter, it has been referred to the Health Service Executive for direct reply to the Deputy.

Services for People with Disabilities

Questions (868)

Hildegarde Naughton

Question:

868. Deputy Hildegarde Naughton asked the Minister for Health when funding will be provided to an organisation to enable it to commence an agreed outpatient care package for a person (details supplied); and if he will make a statement on the matter. [55096/17]

View answer

Written answers

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

As the Deputy's question relates to an individual case, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Medicinal Products

Questions (869)

Marc MacSharry

Question:

869. Deputy Marc MacSharry asked the Minister for Health if consideration has been given to publishing the minutes and scheduled agenda of all future HSE drugs committee meetings to ensure transparency in this process; and if he will make a statement on the matter. [55133/17]

View answer

Written answers

The HSE has statutory responsibility for decisions on pricing and reimbursement of medicines under the community drug schemes, in accordance with the provisions of the Health (Pricing and Supply of Medical Goods) Act 2013; therefore, the matter has been referred to the HSE for reply to the Deputy.

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